R. Carson Fisk

R. Carson Fisk

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Construction Attorney in Austin - R. Carson Fisk

tbls1-constructionlawBoard Certified in Construction Law by the Texas Board of Legal Specialization, Carson Fisk represents construction industry participants in both contentious and non-contentious matters, including complex construction litigation and claims, contract drafting and negotiation, and best practices and claims counseling matters. His practice focuses on the representation of general contractors, but he also actively represents developers/owners, subcontractors, suppliers and sureties. He has experience with construction disputes involving construction and design defects, delay and acceleration claims, payment claims, mechanics liens and bond claims, termination claims, administrative actions, and surety claims, although he is adept in assisting parties in resolving their disputes prior to trial/final hearing. He has also drafted and negotiated a variety of construction contracts, including prime contracts, design contracts, EPC agreements, lender agreements, subcontracts, and purchase contracts, in both the private and public sectors. Additionally, he maintains an active alternative dispute resolution practice mediating and arbitrating construction disputes, and is a credentialed mediator with the Texas Mediator Credentialing Association and is a member of the National Panel of Construction Arbitrators of the American Arbitration Association. In 2017, Carson was named a Fellow of the Chartered Institute of Arbitrators.

He is active in the community, serving as the current chair of the City of Austin Construction Advisory Committee, a committee on which he has served since 2012. He has also been involved in Preservation Austin, an architectural preservation organization that seeks to protect the architectural and cultural heritage of the greater Austin community.

Carson is based at the firm’s Central Texas office location in Austin.

Areas of Practice

  • Construction Law
  • Litigation
  • Mediation and Arbitration
  • Energy

Bar and Court Admissions

  • Texas
  • Oklahoma
  • U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Supreme Court

Representative Experience

  • Defended a Texas-based general contractor against a delay and defective/deficient work claim concerning the construction of a mixed use property and prosecuted the contractor’s claim for unpaid work, interest, attorneys’ fees and cost, with the claim favorably settling following a multi-party mediation.
  • Defended an Austin-based general contractor against a delay claim concerning the construction of a restaurant and prevailed on the contractor’s claim for unpaid work, interest, attorneys’ fees and costs.
  • Defended an out-of-state contractor in a lawsuit filed in Texas seeking a declaration of contract rights stemming from the construction of a chemical processing plant and prosecuted a claim for significant delay damages, with the claim favorably settling following negotiations.
  • Defended an out-of-state contractor in a lawsuit concerning the alleged failure to complete a project and prosecuted a claim for wrongful termination, with the claim favorably settling at mediation.
  • Drafted design-build contract documents for Texas-based university for the construction of a new residence hall.
  • Drafted design and construction contract package for a developer concerning the development of a hotel in Hawaii.
  • Drafted geotechnical, architectural, and construction contract package for a public entity concerning the design and construction of a new headquarters facility.
  • Defended a developer in a multi-party lawsuit concerning allegations of construction defects and misrepresentations, including the prosecution of third-party claims against various parties, with the claim favorably settling in various phases through negotiations.
  • Defended a Texas-based structural steel subcontractor in an arbitration in which the contractor sought in excess of $1,000,000 for alleged delay damages, with the claim favorably settling in mediation.
  • Assisted contractor in securing the effective removal of numerous defamatory statements posted online and resolving the underlying dispute.
  • Through the TxDOT administrative process, assisted a contractor in securing the removal of indirect suspension and debarment sanctions issued by the Texas Department of Transportation.
  • Successfully mediated numerous construction related disputes, including residential and non-residential matters addressing issues such as construction defects, payment disputes, termination claims, and lien issues.
  • Has provided general counsel advice and guidance to numerous construction companies.
  • Has served as mediator and arbitrator in numerous construction disputes.

Education

  • J.D., The University of Texas School of Law, 2003
  • B.A., cum laude in honors studies, Texas Tech University, 2001

Professional Recognition

  • Construction Law, Texas Board of Legal Specialization
  • Fellow, Chartered Institute of Arbitrators
  • “Texas Super Lawyer,” as presented by Super Lawyers, a Thomson Reuters Business in Texas Monthly, 2015-2016
  • The Best Lawyers in America (Construction Law), 2016-2017
  • “Texas Rising Star,” ,” as presented by Super Lawyers, a Thomson Reuters Business in Texas Monthly, 2007-2008, 2013-2014
  • AV© Preeminent™ Peer Review Rating, Martindale-Hubbell
  • Finalist, American Bar Association National Outstanding Young Lawyer Award, 2012
  • Fellow, Texas Bar Foundation, 2012-present
  • Tom Garner Award Recipient, Texas Board of Legal Specialization

Professional Associations and Memberships

  • Austin Bar Association, Construction Law Section (Member, 2004-present; Council member, 2012-2014)
  • Austin Bar Association, ADR Section (Member, 2011-present; Secretary, 2015-2016; Chair 2016-2017)
  • State Bar of Texas Construction Law Section (Member, 2004-present)
  • State Bar of Texas ADR Section (Member, 2011-present)
  • American Bar Association, Forum on the Construction Industry (Member, 2004-present; Chair of the Construction Forum Young Lawyers Section, 2009-2012; Division 8 Steering Committee, 2013-2016)
  • College of the State Bar of Texas (Member, 2006-present)
  • American Arbitration Association Roster of Neutrals (2014-present)
  • Texas Mediator Credentialing Association (Credentialed Mediator, 2014-present)
  • Dispute Resolution Board Foundation (Member, 2016-present)
  • The Associated General Contractors of America, Austin Chapter
  • Associated Builders and Contractors, Central Texas Chapter

Published Works

  • Expedited Permitting Arrives in Austin,” AM Monthly Law Alert, March 2017
  • Expedited Permitting in Austin,” AM Monthly Law Alert, September 2016
  • Understanding the TxDOT Sanction Process,” AM Monthly Law Alert, June 2016
  • Tricks & Traps to Avoid with Factoring Companies, Modern Contractor Solutions Magazine, 2014
  • How to Save Money in a Construction Lawsuit, Modern Contractor Solutions Magazine (Co-Author), 2014
  • How to Avoid a Construction Lawsuit – Practical Tips for General Contractors, Co-Author, Modern Contractor Solutions Magazine (Co-Author), 2013
  • Increased Use of Bifurcation in Construction Cases Involving Derivative Claims, The Construction Lawyer: Journal of the American Bar Association Forum on the Construction Industry, Vol. 33, No. 4, 2013
  • Be Informed and Active on Local Issues, Construction News, 2013
  • Enforceability of Forum Selection and Choice of Law Clauses in Litigation and Arbitration, Construction News, 2013
  • Requesting Information from Upstream Parties related to Lien and Bond Claims, Construction News, 2013
  • The Demise of the Civil Claim for Misapplication of Trust Funds, The Construction Law Journal, Vol. 10, No. 1, 2012
  • Mediation as a Tool for Successful Dispute Resolution, Construction News, 2011
  • Choosing a Forum for Dispute Resolution, Construction News, 2011
  • Time to Update Your Contracts, Construction News, 2011
  • Protecting Public Project Bid Documents from Disclosure, Texas Construction, 2010
  • Carefully Consider a Surety’s Indemnity Agreement, Texas Construction, 2010
  • Recordkeeping Procedures Can Help Protect Privileged Documents, Texas Construction, 2010
  • Defending Against a Misapplication of Trust Funds Claim, Texas Construction, 2009
  • Options Limited for Bid Protests on State Building and Facility Projects, Texas Construction, 2009
  • Asserting Claims Against Design Professionals on Behalf of the Contractor, The Construction Law Journal, Vol. 7, No. 1, 2009
  • Implied Obligations In Construction Contracts, Texas Construction, 2008
  • Constitutional Concerns with the TxDOT Sanctioning Process, Texas Tech Administrative Law Journal, 2008
  • Attorneys Can Add Value to a Construction Project, Texas Construction, 2008
  • Asserting a Contract Claim Against TxDOT, Texas Construction, 2008
  • Understanding the TxDOT Sanction Process, Texas Construction, 2008
  • Construction Checklists: A Guide to Frequently Encountered Construction Issues (Checklist No. 60 – Common Issues in Drafting International Dispute Resolution Clauses), American Bar Association, 2008
  • Revisiting Restrictions on Contingent Payment Clauses, Texas Construction, 2007
  • The Fair Housing Act, Austin Business District Magazine, 2006
  • Procurement Procedures for Higher Education, Texas Construction, 2006
  • Adoption of the Implied Warranty of Good and Workmanlike Performance in Commercial Construction, The Construction Law Journal, Vol. 4, No. 2, 2006
  • Comparative Contract Fault: Using the AIA Documents to Apportion Contract Damages, The Construction Lawyer: Journal of the American Bar Association Forum on the Construction Industry, Vol. 26, No. 2, 2006
  • Reforming the Application of Article 2 of the UCC in Construction Transactions: Shifting the Analytical Focus, The Construction Law Journal, Vol. 3, No. 2, 2005
  • Requirements of the Fair Housing Act, Texas Construction, 2005
  • Contract Disputes with Local Governmental Entities: Moving Forward on the Merits, Construction News, 2005
  • Enforcement Action Under the Fair Housing Act, Construction News, 2005
  • Pass-through Claims Now Recognized in Texas, Construction News, 2005
  • Contracts Under the UCC Unique and Complex, Construction News, 2005

Speeches and Presentations

  • 2016 Case Law Update, Dallas Bar Association Construction Law Section, 2016
  • How to Save Money in a Construction Lawsuit, Greater Austin Contractors and Engineers Association, 2016
  • How to Save Money in a Construction Lawsuit, Construction Financial Management Association (Central Texas), 2016
  • The Basic Course in Texas Construction Law: Contract Termination, The Construction Law Foundation of Texas, 2015
  • Construction Law Legal Specialization, San Antonio Bar Association Construction Law Section, 2015
  • Navigating the Pitfalls in a Texas Defamation Case, Austin Bar Association Construction Law Section, 2015
  • Factoring, Contract Scope, and Cyber Liability Issues, Private Client Event, 2014
  • Risk Management & Factoring Seminar, Private Client Event, 2014
  • Texas Lien Law, Construction Financial Management Association, Central Texas Chapter, 2014
  • Securing Removal of a Lien Claim, Lorman Education, 2014
  • Hiring and Employment Practices, Associated Builders and Contractors, Central Texas Chapter, 2014
  • Mud-Wrestling the Chapter 162.001 Issue, The Construction Law Foundation of Texas, 2014
  • Ahead of Its Time: Technology Tool Box at a Construction Site, ABA Forum on the Construction Industry, 2014
  • How to Avoid a Construction Lawsuit and the Use of Exculpatory Clauses, 2013
  • Construction Lien Law in Texas, Lorman Education, 2013
  • The Demise of the Civil Claim for Misapplication of Trust Funds, Austin Bar Association Construction Law Section, 2012
  • How to Avoid a Construction Lawsuit, Greater Austin Contractors and Engineers Association, 2012
  • How to Avoid a Construction Lawsuit, Construction Financial Management Association, Central Texas Chapter, 2012
  • Mitigating Losses during (and after) a Project, Construction Financial Management Association, Central Texas Chapter, 2011
  • The Fundamentals of Construction Contracts: Understanding the Issues in Texas, Lorman Education, 2008
  • Managing Construction Projects in Texas, Lorman Education, 2008
  • Tricks, Traps and Ploys Used in Construction Scheduling in Texas, Lorman Education, 2006
  • Recent Supreme Court Jurisprudence and Hot Issues Affecting Construction Contracts, Lorman Education, 2005
  • The UCC and its Applicability to Construction Projects, Central Texas Subcontractors Association, 2005